\ u7.5" 
A5& 



■3- 



.grapny 



hv of 



Eph 



iTO-lTn 



fCiTt 



B« 



iKeodatus Garlick 



7 




Class. £ t15 
Book . K 5 ^ 



SMITHSONIAN DEPOSIT 



rxss 



t27 5 



^> 



|3 



Western Reserve 

AND 

opt|Frn 0|io jjistopirfll Soriptg. 



■V 






Tract No 58. 

OCT '^^ ^,^ 

^*"*'^°*'^GRAPHY OF EpHRAIM KiRBY, 



O ^ ^^'^s / Cleveland, Ohio, January, 1883. 



T71 



Diructor in the Coiiiiei.'ti(;iit Laiul Coiupaiiv in ITOri 



BY DR. TH^OOATUS GAnLICK, 

Member of the .Societj'. 



Dear Sir: In accordance with your often 
expressed vvisii, I herewith present your 
society with a very brief biography of the 
Hon. Ephraim Kirby, of Connecticut. I re- 
gret that It is not more full and complete, 
but it embraces the more jjrominent events 
of his life. During my mother's lifetime 
she had in her possession a large package of 
papers and letters relating to Ephraim Kir- 
by. After my mother's death they were taken 
by Mrs Ann Kirby Barnum, of Baltimore, 
(my mother's and E. Kirby's sister,) and sent 
to St. Augustine for .Niajor Belton to compile, 
but they never reached him, being lost at 
sea. I shall therefore have to depend main- 
ly on other sources than family records and 
family correspondence for information and 
facts. 

And, first. I find in Drake's Biograi)hical 
Dictionary, the following notice of Ephraim 
Kirby: "Ephraim Kirby, born in Litchfield. 
Connecticut," (this is an error, Kirby was 
born in AV'oodbury, Conn.) "J''ebruary 23, 
1757; died at Fort Stoddard, Mississippi, 
October 2, 1804; appointed United States 
District Judge 1804 by President Jefferson; 
was in the battle of Bunker Hill, and con- 
tinued in the service to the end of the war. 
He was in nineteen battles and skirmishes, 
receiving thirteen wounds, seven of which 
were saber cuts, and left on the field for dead. 
The degree of Master of Arts was conferred 
on him by Yale College in 1787; a lawyer of 
eminence in Litchfield in 1789; first reporter 
of the Supreme Court of E)rrors in the State 
of Connecticut; in the State Legislature from 
1791 to 1801. His son, R. M. Kirby, a major 
in the war of 1812." 



The following biographical sketcli w^is 
written some twenty or more years since by 
an old lawyer of Litchfield for Mrs. Ann Kir- 
by Barnum, and sent by her to Hon. Sammd 
Starkweather, of Cleveland. The name of 
the writer is missing with the date: 

"Hon. Ephraim Kirby was born in Judea 
Society, Woodbury, Conn., on a farm now 
owned by Andrew Hines, Esq. The cellar, 
over which the house stood still remains. It 
is situated about eighty rods from General 
Daniel B. Brinsinade's dwelling iiouse, and 
to this day is known as the Kirby farm. His 
father was a farmer in moderate circum- 
stances, and Ephraim was employed on the 
farm during his boyhood. At the age of six- 
teen, fired with the patriotism which burst into 
a flame throughout the country on the news of 
the battle of Lexington, he shouldered iii.s 
musket and marched with the volunteers to 
tlie sceneof confiictintimeto beat the battle of 
Bunker's Hill, and remained in the field un- 
til independence was achieved, with only a 
few intervals, when driven from it by severe 
wounds. He was in nineteen battles and 
skirmishes, among which were Brandy- 
wine, Monmouth, and Germantown, and 
received thirteen wounds, seven of 
which were saber cuts on the head, 
inflicted by a British dragoon at German- 
town, where he was left for dead on the field. 
These honorable scars he carried with him 
through life. At the close of the Revolution 
he rejected with indignation the oft'er of 
assistance to speculate in soldiers' certificates 
by which he might have amassed wealth 
without labor, but preferring to be penniless 
as he was than bv thus taking advantage of 



184 



Biography of Ephrainv Kirhy. 



the necessities of his comrades in arms. 
By the labor of his own hands he earned the 
price of his education. He was for some 
time a member of Yale College and in 1787 
the honorary degree of master of arts was 
conferred on him by that college. Mr. Kirby 
studied law in the office of Reynold Marvin, 
Esq., of Litchfield, who had been King's 
attorney before the war and who relin- 
quished that office for the purpose of en- 
gaging in the great struggle for independence. 
After Mr. Kirby was admitted to the bar 
he married Miss Ruth Marvin, the accom- 
plished daughter of his distinguished pre- 
ceptor and patron. In 1791 Colonel 
Kirby was elected for the first time a 
representiitive to the Legislature, a post 
of honor and responsibility to which he 
was subsequently re-elecied at thirteen 
semi-annual elections. As a legislator he 
Mas always distinguished for the dignity of 
his deportment, for his comprehensive and 
enlightened views, for the liberality of his 
sentiments, and for his ability, firmness, and 
decision. On the election of Mr. Jefferson 
to the Presidency in 1801, Colonel Kirby was 
appointed supervisor of the National Reve- 
nue of the State of Connecticut. About this 
period he was for several years the Demo- 
cratic candidate for (iovernor, but as a 
matter of course, he was always beaten. 
Upon the acquisition of Louisiana. Mr. 
Jefferson appointed him district judge of 
the newly acquired territory of Orleans. 
Having accepted the office, he set out for 
New Orleans, but he was not destined to reach 
that place. Having reached Fort Stoddard in 
the Mississippi Territory, he was taken sick 
with yellow fever, and died October 2, 1804, 
aged forty-seven years, at a period when a 
wide political career seemed opening upon 
him. His remains were interred there with 
the honors of war and other demonstrations 
of respect. While engaged in the practice 
of law at Litchfield, in 1789, he published a 
volume of reports of the decisions of the 
Superior Court and Supreme Court of Errors 
of Connecticut. This was a novel under- 
taking, being the first volume of law reports 
ever published in America. It was execu- 
ted with ability and faithfulness, and is still 
regarded as authority in all our courts. 
Colonel Kirby was a man of the highest 
moral as well as physical courage, devoted 
in his feelings and aspirations, warm, gen- 
erous, and constant in his attachments, and 
of indomitable energy, ^ttfe^ was withal 
gentle and winning in his manners, kindly 
in his disposition, and naturally of an 
ardent and cheerful temperament, though the 



last few years of his life were saddened by 
heavy pecuniak*y misfortunes. 

"As a lawyer, he was remarkable for frank- 
ness and downright honesty to his clients, 
striving to prevent litigation and effecting 
compromises. He enjoyed the friendship of 
many of the sages of the Revolution; his cor- 
respondence with whom would form inter- 
esting materials for the history of his times, 
but unfortunately almost all of it was lost at 
sea between New York and St. Augustine 
some twenty years sincfe. A few letters to 
and from President Jefferson are still pre- 
served by his son. Colonel Edmund Kirby, of 
Brownsville, N. Y., which are interesting as 
showing the relations of confidence existing 
between that great statesman and the subject 
of this sket'cli. 

"Mrs Ruth Kirby, the widow of Ephraim 
Kirby, died at Litchfield in October, 1817, 
aged fifty- three years." 

The foregoing sketch is in error as to 
Kirby's being left for dead on the field at the 
battle of (lermantown. The place where he 
was so badly.wounded and left for dead was at 
Elk River, in the month of September, 1777, 
previous to the battle of Germantown. Kirby 
was engaged in a great many battles and 
skirmishes, and received many wounds, 
but his worst wounds, the saber cuts in 
his head and arms, were received in a skir- 
mish at Elk River, if butchering surrendered 
prisoners of war without arras in their hands 
can be called a skirmish. In all other re- 
spei;ts the foregoing sketch, I have no doubt, 
is entirely correct. The circumstances at- 
tending Kirby's entering the army and being 
so terribly wounded have been so often re- 
lated to me by my mother and by my aunt, 
Mrs. Barnum, that I cannot be mistaken 
about the time when, and the place where, 
he received those saber cuts in his head. 
Many years ago Mrs. Barnum and myself 
were going to Havre de Grace on a steam- 
boat, and as we were passing the mouth of 
Elk River, my aunt called my attention to 
that river, saying: "Doctor, there is the 
place where your uncle Ehpraim Kirby was 
so terribly wounded, and left on the field for 
dead." She then related *to me all the cir- 
cumstances of the affair, as my mother had 
often done before. Ephraim Kirby, 
with other young men of Litchfield 
county, formed a company of cavalry, and 
equipped themselves, and furnished their 
own liorses, and went into the service as vol- 
unteers. I do not remember at what place 
they joined the army, but that company of 
cavalry was engaged in several battles and 
a great many skirmishes, one of which being 



Biography of Ephraim Kirhy. 



185 



when Kirby was wounded and left for dead. 
Nearly all the members of this company lost 
their lives before the close of the war. At 
the time when our army lay somewhere south 
of Philadelphia, periiaps on or near the 
Brandywine, the British under Lord Howe 
sailed up the Chesapeake and landed a little 
south of Elk River on the 25th of August, 
1777. Some of our troops were left in the 
rear of the main army north of Elk River for 
the purpose of keeping Waslnngton advised 
as to the whereabouts of the British army 
under Lord Howe. Among the troops so 
left was the company of cavalry of which 
Kirby was a member. A portion of 
this company, 1 do not recollect how many, 
were ordered to cross Elk River fur the pur- 
pose of reconnoitering, and to ascertain, if 
possible, the whereabouts of Lord Howe's 
array. This was in the fore part of Septem- 
ber. They had to swim the river, and after 
crossing, dismounted, and were engaged in 
getting the water out of tlieir boots. Many 
of them had drawn oft their boots for that 
purpose when they were surprised by a large 
force of British dragoons and captured. Af- 
ter giving up their arms they were robbed of 
what little money they had, and also 
of their watches, and every man 
except Kirby and a man by the name of 
Lewis were killed in cold blood. Kirby was 
supposed to be dead, and Lewis, like old 
Jack Falstaff, fell on the ground in the 
melee, and feigned death so well that he 
escaped. Kirby stood by and under his 
horse's head, while a British dragoon was 
beltinir away at his head with his sword, 
Kirby dodging the blows as best he could, 
and fendiijg o3 with his arms, which were 
badly wounded. The wounds on his head 
were fearful, cutting through both tables 
of the skull and into the brain, a 
portion of which was lost. Thirty odd pieces 
of hie skull were removed by the surgeon. 
After the British dragoons left, Jjewis got 
up, and after examining his comrades, he 
found everv one dead except Kirby, who was 
breathing, but unconscious. Not far from 
the place where this happened was a log 
cabin, in which resided an aged widow, who 
consented to let Lewis bring Kirby to her 
house, and leave him there until a surgeon 
could be sent to dress his wounds. VVord 
was immediately sent to his father at Litch- 
field, that his son was mortally wounded, but 
contrary to all expectations, his wounds 
healed kindly, and rapidly, though he still 
remained unconscious. In the month of De- 
cember following his father went after him 
(a great journey in those days), and 



took him home to Litchfield. His 
wounds had all healed, but he still 
remained unconscious, and no one supposed 
he would ever recover his mental faculties. 
But some time in the following May he sud- 
denly sprung from his bed, exclaiming, 
"Where is Eagle!" meaning his horse. From 
that moment he vvas all right in his mind, 
and remained so until his death. Very soon 
after this he re-entered the army, and re- 
mained in it until the close of the war. 
Kirby could not have been in the battles of 
Brandywine and German town, as he was ly- 
ing insensible from his wounds received at 
p]lk River at the time these battles were 
fought, remaining so until the following 
month of May. The battle of Brandywine 
was fought September 11, 1777; the battle of 
Germantown, October 4, 1777; the battle of 
Monmouth, June 28, 1778. I have no doubt 
he was engaged in this last battle, as he re- 
entered the army very soon after he recov- 
ered from his wounds. 

Ephraim Kirby's children were Major 
Reynolds Marvin Kirby, and Major Edmund 
Kirby, both of whom held commissions in the 
United States Army, and died during our war 
with Mexic6. being with our army at that 
time. Kirby had two daughters, the eldest, 
Catherine, married Major Joseph Smith, of 
the United States Army, afterwards Judge 
Smith, of St. Augustine, Fla., the father of 
E. Kirbv Smith, the rebel general in our late 
Rebellion. The youngest daughter, I forget 
her name, married Colonel Belton, of the 
United States Army, and both are still liv- 
ing, as I understand, in Florida. Tt will be 
seen by referring to the Early History of 
Cleveland, that Ephraim Kirby was one of 
the original thirty-five proprietors of our 
Western Reserve, of which we are all so 
proud. This company was known as the 
"Connecticut Land Company," Kirby being 
a member of the first board of directors, and, 
I believe, the company's legal adviser. The 
names of all the members of ihis company 
will be found in Whittlesey's Early History 
of Cleveland, and the amount of each sub- 
scription. 

The foregoing sketch .contains the most 
prominent events in the life of Ephraim 
Kirby. I will, however, add the following 
extract from a letter from my friend, the 
Hon. Samuel Starkweather, of Cleveland, as 
it relates to the genealogy of the Kirby fam- 
ily: 

"Clevel.\nd, January 2, 1874. 

"Dr. T. Garlick: 

"Dear Sir: I have received your letter say 
ing you were about to write a short biog- 



^ihXi 



186 



Biography ^of Ephraim Kirby. 



rapliy of Judfje Ephraim Kirby, and 
asking for some facts ia relation 
to the genealogy of the family. 
His mother was Eunice Starkweather, the 
youngest child and daugiiter of Joiin Stark- 
weather, who settled in Stonington, Conn., 
about the year 1717, where he lived and died, 
and where he raised a family of eight chil- 
dren, his son Epnraim, uiy grandfather, be- 
ing his youngest son, and Eunice, 
as I have said, his youngest daugh- 
ter and child. Ephraim, my grandfatlier, 
was born September 1, 1733. Eunice, your 
grandmother, his sister, was born September 
19, 1735. In what year she married Abraham 
Kirby, I don't know. It appears that she 
namtd one of her sons, tie first-born I pre- 
sume, after her favorite brother, Epliraim. 
I have heard him say that he could never 
have coinileted his studies at Yale College, 
where he graduate! in 1755, without ilie lieJp 
of his beloved sister Eunice. The said John 
Starkweather, of Stonington, the father of 
Ephraim and Eunice, was a descendant of 
Robert Starkweather, in the third generation, 
who emigrated to Boston, Mass., about the 
year 1()3U. From the John Stark weatlier, of 
Stonington, have descended all of the name 
of any note. The Kirby family have been 
the most distinguished. It is singular that I 
never heard my grandfather Ephraim speak 
in the way of boasting of any of his rela- 
tions, e.xcept the Kirbys— the husband and the 
children of his sister Eunice. 

"Of Ephraim Kirby and of his' life and 
times, a most interesting paper could be writ- 
ten if all the facts could be procured. He 
was certainly one of tlie most prominent men 
in Connecticut. He was the champion of 
Jefferson, and brought down ujiou himseli 
the whole weiglit of the Federal power, then 
dominant and overwhelming. On fast days, 
the magistrates and clergy of Connecticut 
would fulminate against Jetferson and his ad- 
herents — that day being a privileged day for 
them, and the clergymen in Litchfield would 
sometimes be so personal that all eyes in the 
meeting-house would be turned towards 
Kirby, as he sat in his pew, as being the one 
hit, and as he could not talk back, and 
unable to bear it longer, he left the church, 
and was one of the principal founders of the 
Episcopal church in Litchfield, now one of 
the strongest churches there, and the best 



endowed ; so true it is, that the blood of the 
martyrs is the seed of the church. I often 
detailed these facts to old Mrs. Barnum, 
your aunt. The part taken by Judge Kirby 
in ihe Revolutionary War would be most in- 
teresting if it could be written out. Yours 
truly, Samuel Starkweather." 

The progenitors of the Kirby family, of 
Connecticut, emigrated from Warwickshire, 
England, in the sixteenth century. 

I have attemj^ted to write out the above 
biographical sketch of Ephraim Kirby, while 
lyinsf on my lounge and suftering severely 
most of the time. I am fully aware of its 
imperfections of style, but tlie statements, as 
corrected by myself, may be relied on, and 
accepted as historical facts. 

Theodatus Garlick. 

Bedford, CurAHooA Cudktt, Ohio, 
January 16th, 1S74. 



Note. — The late Dr. Jared P. Kirtland 
had recollections of an enthusiastic State 
Democratic Convention held at Wallingford, 
Connecticut, at which Judge Kirby was 
nominated for Governor. It was held in the 
meeting house, and the crowd was so great 
that the galleries showed signs of giving way. 
Some rails were brought in as props, and the 
Convention proceeded to finish its work. 

His name apjtears frequently on the U. S. 
Army Registers, generally through the de- 
scendants of the daughters. Major Edmund 
Kirby, an ofiicer of the war of 1812, was his 
son; also Major R. M. Kirby, who died in 
1842. Ephraim Kirby Barnum, who died in 
1849, with the rank of Major in the Regular 
Army, was a grandson on the side of his 
mother. Ephraim Kirby Smith was another, 
a graduate of West Point; and a Major killed 
at Molino Del Rey, in Mexico. His son, 
J. L. Kirby Smith, graduated from the U. S. 
Military Academy as Lieutenant of Topo- 
graphical Engineers, and was engaged on the 
Government surveys ofthe Lakes. He was 
Colonel of the 43rd Regiment of Ohio Volun- 
teers, and killed at Corinth, Mississippi. His 
uncle, Edmund Kirby Smith, also graduated 
at West Point, entered the Army and served 
with credit in the Mexican war. In the 
Rebellion he turned traitor to his country, 
joined the Confederate Army, and rose to the 
rank of Lieutenant-General. 



EJa'l2 



